[1]
Editor’s note–Former sections 2.02.006–2.02.008, pertaining to employment with public utility corporation; restrictions on contracting with city or providing representation of others; and forfeiture of employment when employee becomes candidate for office and deriving from the 2002 Code, secs. 9.106–9.108, were repealed and deleted in their entirety by Ordinance 2013-07-07, sec. 1, adopted 7/22/13. The remaining section of the article was renumbered at the city’s request.
Benefit.
Anything reasonably regarded as economic gain or economic advantage, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law.
Board.
A board, commission or committee:
(1) 
Which is established by city ordinance, charter, interlocal contract or state law; or
(2) 
Which serves as the board of a nonprofit development corporation that acts as an instrumentality of the city; and
(3) 
Any part of whose membership is appointed by the city council;
but does not include a board, commission or committee which is the governing body of a separate political subdivision of the state.
Employee.
A person employed and paid a salary by the city, whether under civil service or not, including those individuals on a part-time basis, but does not include an independent contractor or city council member.
Negotiating concerning prospective employment.
A discussion between a city officer or employee and another employer concerning the possibility of the city officer or employee considering or accepting employment with the employer in which discussion the city officer or employee responds in a positive way.
Officer.
A member of the city council and any member of a board who is appointed by the city council. For purposes of the city charter [this article], officer does not include a member of a board:
(1) 
That functions only in an advisory or study capacity and which does not have the power to make findings as to the rights of specific parties; or
(2) 
Of a nonprofit development corporation that acts as an instrumentality of the city.
(2002 Code, sec. 9.101)
(a) 
It is hereby declared to be the policy of the city that the proper operation of democratic government requires that:
(1) 
Public officials and employees be independent, impartial and responsible only to the people of the city;
(2) 
Governmental decisions and policy be made using the proper procedures of the governmental structure;
(3) 
No officer or employee have any financial interest, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature, which is in conflict with the proper discharge of his duties in the public interest;
(4) 
Public office not be used for personal gain; and
(5) 
The city council at all times be maintained as a nonpartisan body.
(b) 
To implement this policy, the city council has determined that it is advisable to enact this code of ethics for all officials and employees, whether elected or appointed, paid or unpaid, advisory or administrative, to serve not only as a guide for official conduct of the city’s public servants, but also as a basis for discipline for those who refuse to abide by its terms.
(c) 
Notwithstanding any other provision of this article, a member of the board of directors of a reinvestment zone established under the Tax Increment Financing Act, as amended, may:
(1) 
Own property within that reinvestment zone; and
(2) 
Participate in discussions and voting on matters before the board of directors that may directly or indirectly affect the member’s property within the reinvestment zone.
(2002 Code, sec. 9.102)
(a) 
An officer or employee of the city shall not:
(1) 
Accept or solicit a benefit that might reasonably tend to influence the officer or employee in the discharge of his official duties.
(2) 
Use his official position to secure special privileges or exemptions for himself or others.
(3) 
Grant any special consideration, treatment or advantage to a person or organization beyond that which is available to every other person or organization. This shall not prohibit the granting of fringe benefits to city employees as part of their contract of employment or as an added incentive to the securing or retaining of employees.
(4) 
Disclose information that could adversely affect the property or affairs of the city, or directly or indirectly use any information understood to be confidential which was gained by reason of his official position or employment for his own personal gain or benefit or for the private interest of others.
(5) 
Transact any business on behalf of the city in his official capacity with any business entity with which he is an officer, agent or member or in which he has a financial interest. In the event that such a circumstance should arise, then he shall make known his interest and:
(A) 
In the case of an officer, leave the room during debate or hearing, refrain from discussing the matter at any time with the members of the body of which he is a member or any other body which will consider the matter and abstain from voting on the matter; or
(B) 
In the case of an employee, turn the matter over to his superior for reassignment, state the reasons for doing so and have nothing further to do with the matter involved.
(6) 
Personally provide services for compensation, directly or indirectly, to a person or organization who is requesting an approval, investigation or determination from the body or department of which the officer or employee is a member. This restriction does not apply to outside employment of an officer if the employment is the officer’s primary source of income.
(7) 
Accept other employment or engage in outside activities incompatible with the full and proper discharge of his duties and responsibilities with the city or which might impair his independent judgment in the performance of his public duty.
(8) 
Personally participate in a decision, approval, disapproval, recommendation, investigation or rendering of advice in a proceeding, application, request for ruling or determination, contract, claim or other matter under the jurisdiction of the city, if the officer or employee is negotiating or has an arrangement concerning prospective employment with a person or organization which has a financial interest in the matter, and, in the case of an employee, it has been determined by the city manager that a conflict of interest exists. If an officer or employee begins negotiation or enters an arrangement concerning prospective employment with a person or organization that has a financial interest in a matter in which the officer or employee has been participating, the officer or employee shall:
(A) 
In the case of an employee, immediately notify the official responsible for appointment to his position of the nature of the negotiation or arrangement and, if the city manager determines that a conflict of interest exists, follow the instructions of the city manager with regard to further involvement in the matter; or
(B) 
In the case of a board member, immediately notify the board of which he is a member of the nature of the negotiation or arrangement and:
(i) 
Refrain from discussing the matter at any time with other board members or members of the city council if the city council will also consider the matter;
(ii) 
Leave the room during debate or hearing on the matter; and
(iii) 
Abstain from voting on the matter; or
(C) 
In the case of a member of the city council, file an affidavit with the city secretary describing the nature of the negotiation or arrangement and:
(i) 
Refrain from discussing the matter at any time with other councilmembers or members of a board that will consider the matter;
(ii) 
Leave the room during debate or hearing on the matter; and
(iii) 
Abstain from voting on the matter.
(9) 
Receive any fee or compensation for his services as an officer or employee of the city from any source other than the city, except as may be otherwise provided by law. This shall not prohibit his performing the same or other services for a public or private organization that he performs for the city if there is no conflict with his city duties and responsibilities.
(10) 
(A) 
In the case of a member of the city council or an employee, personally represent or appear on behalf of the private interests of others:
(i) 
Before the city council or any city board or department;
(ii) 
In any proceeding involving the city; or
(iii) 
In any litigation to which the city is a party.
(B) 
In the case of a board member, personally represent or appear on behalf of the private interests of others:
(i) 
Before the board of which he is a member;
(ii) 
Before the city council;
(iii) 
Before a board which has appellate jurisdiction over the board of which he is a member; or
(iv) 
In litigation or a claim to which the city or an employee of the city is a party if the interests of the person being represented are adverse to the city or an employee of the city and the subject of the litigation or claim involves the board on which the board member is serving or the department providing support services to the board.
(11) 
Use the prestige of his position with the city on behalf of a political party.
(12) 
Knowingly perform or refuse to perform any act in order to deliberately thwart the execution of the city ordinances, rules or regulations or the achievement of official city programs.
(13) 
Use city supplies, equipment or facilities for any purpose other than the conduct of official city business.
(14) 
Engage in any dishonest or criminal act or other conduct prejudicial to the government of the city or that reflects discredit upon the government of the city.
(b) 
The restrictions in this section do not apply to business associates of officers or employees, but only personally to the officers and employees themselves.
(c) 
The restrictions and requirements of subsection (a)(5) above do not apply to an officer or employee of the city serving as a member of any board, commission or other entity when transacting business on behalf of the city in an official capacity with that board, commission or entity, if the officer or employee:
(1) 
Was appointed by the mayor, city council or city manager to represent the city on the board, commission or entity; and
(2) 
Has no financial interest in the board, commission or entity or in the business being transacted.
(2002 Code, sec. 9.103)
Any officer, whether elected or appointed, who has a financial interest in any matter that is pending before or that might be considered by the body of which the officer is a member shall:
(1) 
Disclose such interest to the other members of the body;
(2) 
Refrain from discussing the matter at any time with any other member of the body of which the officer is a member or with a member of any other body that might consider the matter;
(3) 
Leave the room during debate or hearing; and
(4) 
Refrain from voting on the matter.
(2002 Code, sec. 9.104)
(a) 
In any election, a member of the city council may not:
(1) 
Use the prestige of the member’s position with the city on behalf of a candidate;
(2) 
Solicit or receive contributions; or
(3) 
Serve as the designated campaign treasurer for a candidate as required by chapter 252, Texas Election Code.
(b) 
In any election, a member of a city board, commission or committee, whether governmental or advisory, may not:
(1) 
Use the prestige of the member’s position with the city on behalf of a candidate;
(2) 
Serve as the designated campaign treasurer for a candidate as required by chapter 252, Texas Election Code; or
(3) 
Personally solicit or receive contributions for a candidate. A member, however, is not prohibited from serving on a steering committee to plan a program of solicitation and listing the member’s name without reference to the office held when the committee as a whole is listed.
(c) 
Subsections (a)(1) and (b)(1) do not prohibit a member of the city council or of a board from lending the member’s name in support of a candidate so long as the office held with the city is not mentioned in connection with the endorsement.
(2002 Code, sec. 9.105; Ordinance adopting Code)
(a) 
The failure of any officer or employee to comply with this article, or the violation of one or more of the standards of conduct set forth in this article which apply to him/her, shall constitute grounds for expulsion, reprimand, removal from office or discharge. In the case of an employee of the city, disciplinary action and appeals therefrom shall be in conformance with procedures established by the city charter and personnel rules and regulations. Where no specific appeal procedure is otherwise prescribed, the appeal shall be to the city council. In the case of a city councilmember, the matter shall be decided by a vote of two-thirds (2/3) of the entire membership of the city council in accordance with the city charter, article III, section 3.14, as established by council in its city council rules and procedures. In the case of members of boards or commissions, the matters shall be decided by the city council. The decision of these bodies shall be final in the absence of bias, prejudice or fraud.
(b) 
If the city council determines that a person has violated this section, the city council may direct the city attorney to initiate whatever administrative or legal action is necessary to seek enforcement of its provisions.
(Ordinance 2013-07-07, sec. 2, adopted 7/22/13)